General Terms and Conditions
This site is operated by the company SARL Léora, with offices at 45, rue Pauline Kergomard – 33800 Bordeaux (France) and registered with the Bordeaux commercial and companies registry under number 834 703 332. These General Terms and Conditions define Léora’s rights and obligations, said party being hereinafter referred to as “Seller” and any non-trading individual, hereinafter referred to as “Customer”, placing an order to the company Léora for all the items and services offered on the website larucheleora.com. Consequently, any order placed by someone on a product for sale on Léora’s website amounts to full acceptance of these General Terms and Conditions, which the Customer admits to have learnt prior to said order. Leóra reserves the right to amend these General Terms and Conditions at any time. Nevertheless, the General Terms and Conditions applicable to the order placed by a Customer on Léora’s website are accepted by the Customer at such time.
ARTICLE 1: ENTIRE AGREEMENT
These General Terms and Conditions contain all the parties’ obligations. Thus, the Customer is deemed to unreservedly accept the provisions of these General Terms and Conditions. Léora, in turns, undertakes to respect its role as seller within said terms and conditions.
ARTICLE 2: SUBJECT-MATTER
The subject-matter of these General Terms and Conditions is to define the parties’ rights and obligations for the online arof goods and services offered by the company Léora to the Customer, from the time of the order to its delivery, payment and use of the services made available by Léora.
ARTICLE 3: SCOPE
These General Terms and Conditions shall govern the sale of products on the date of the order placed by the Customer. They apply to any ordering methods offered by Leóra, whether online, by email or telephone.
ARTICLE 4: ORDER
Any Customer states they possess the contractual capacity described below, that is to say: an emancipated minor or of legal age without any protection as set forth under Section 488 of the Civil Code. Léora reserves the right to refuse any Order by a Customer with which there is a potential or pending dispute, in particular regarding payment.
ACCEPTANCE OF TERMS AND CONDITIONS BY THE CUSTOMER
These Terms may be read directly on the website https://www.larucheleora.com. They may also be sent by email upon request by the Customer to firstname.lastname@example.org. The Customer checking the “I accept the general terms and conditions” box before proceeding to secure payment, amounts to the irrevocable acceptance, which can only be surrendered in the limited cases established in these General Terms and Conditions in the “right of cancellation” paragraph. The Customer hereby acknowledges they have read, understood and fully accepted these Terms and Conditions. Purchases by email and telephone shall also amount to acceptance of these Terms and Conditions, which the interested parties acknowledge they have read, understood and accepted in the conditions mentioned above.
PLACING AN ORDER
Private Customers may place their order to Léora online 24/7 during capsule sales. Our products coming in very limited editions with significant demand, there is sometimes shortage of stock on our website. Our sales are advertised on our www.facebook.com/larucheleora page or our www.instagram.com/la_ruche_leora account. The ordering process comprises 6 successive stages:
- Click on the “Buy” tab. The attached page displays the products available for sale upon request.
- Click on “form”. This link is to a form to select the desired size(s), the acceptance or refusal of grade 2 wraps (that is, with an aesthetic fault greater than 2 cm), the name and email of the Customer, and the acceptance of the invoice within 24 hours upon receipt thereof.
- Within 48 hours after the form is customer, the Customer may receive an email at their completed address indicating that they have been selected for the purchase of a product. Léora reserves the right to choose its invoicing method.
- Within 24 hours upon receipt of the email, the Customer must click on the link to complete their address and payment method. The Customer is then informed that the link will only be valid for 24 hours. Thereafter, Léora reserves the right to re-issue said invoice.
- By clicking on the link received by email, the Customer may place their final order by following the website headings. The calculation of the total order price shall be automatic and based on the country of destination (shipping costs, applicable VAT).
- The Customer shall have the responsibility to clearly specify the chosen payment method and necessary delivery information. This especially applies to the specific delivery address, as well as potential accessibility restrictions of the delivery address (building, floor, entry code, etc.);
- Once the payment method has been selected, the Customer must proceed to pay their order on the secure interface, which shall finalise the binding sales agreement with Léora.
- Any order shall amount to an acceptance of the price and description of the products for sale. Any objection on this matter shall operate within a potential exchange and the warranties described below. In all cases, providing the bank card number online and the final confirmation of the order by the Customer shall amount to sufficient proof of the order and enforceability of amounts due for the products selected in the order. Said confirmation shall serve as the signature and acceptance of all transactions on the website larucheleora.com.
CONFIRMING AN ORDER
An email is automatically sent to the Customer to confirm the order, provided that the email indicated in the registration form does not contain any errors. The Customer must check the comprehensiveness and compliance of the information provided to Léora. The latter party shall not be held liable for any potential errors of completion and its consequences in terms of delivery delays or errors. In this context, all the expenses incurred for re-shipping shall be borne by the Customer.
From the moment the parcel is provided to the carrier, the Customer receives an email indicating their tracking number, provided that the email indicated in the registration form contains no errors. They may at any time check the progress of their order by logging on to the Colissimo website: https://www.laposte.fr/particulier/outils/suivre-vos-envois. Léora shall thus not be held liable for any downtime or errors which may affect the information provided by its carriers. Léora shall, however, strive to make said information as clear as possible and to provide reliable shipping. The Customer may contact Léora’s customer service at any time to track their order.
PROOF OR ORDER
Digital databases kept by Léora in reasonably secure conditions shall be deemed proof of communications, orders and payments between the parties. The filing of purchase orders and invoices has a reliable and durable support which may be produced as evidence.
ARTICLE 5: INFORMATION ON PRODUCTS
CHARACTERISTICS OF PRODUCTS
Léora manufactures baby sling wraps, as well as fashionable and decorative accessories. The list and description of items offered by Seller may be consulted on the website https://www.larucheleora.com. The information, characteristics, photos and graphics on the website larucheleora.com are as accurate as possible. Every Product sheet has the essential characteristics of the Products in question in accordance with Section L.111-1 of the Consumer Code, as well as their respective prices. This summarised information is aimed at informing the Customer as fully as possible about the essential characteristics of the Products. However, the parties agree that the illustrations or photos of products for sale are not contractually binding. The Customer must note that, notwithstanding their rights, the potential change of appearance upon Delivery does not affect the content and characteristics of the Product. The items offered by Léora are made of natural textile fibres which have been very slightly transformed in order to respect the natural quality of the fibre and reduce environmental impact. Textiles are hand-woven in an artisanal workshop. Consequently, they have normal imperfections and irregularities, as described below. Léora uses thread reels under 1.5 kg. Thus, the presence of reel knots in the fabric is inevitable. It is also normal to find small thread gaps of up to 3 mm. Their location is random and does not in the least affect the solidity of the fabric. Threads outside the hem and irregular colours and fibre thickness may also be found. All these defects and irregularities are considered normal and related to the process used to design Léora products. For that reason, they are not mentioned in the description of the product. Additionally, they do not entitle customers to a discount. The acceptance of these General Terms and Conditions amounts to acceptance of such faults. On the other hand, items with a more visible aesthetic fault, over 2 cm, are classified as “seconds”. A visible mention is indicated at the time of the order, and the price is reduced by 10%.
AVAILABILITY OF PRODUCTS
Léora only undertakes to honour orders within the limits of the available stock of each of its products. Availability may vary in a single day based on sales volumes. Léora very frequently replenishes its stock. In the event of shortage of products, Léora undertakes to warn the Customer by phone or email as soon as possible. If the order has already been placed by the Customer, Léora undertakes to fully reimburse it within 72 business hours. Léora shall not be held liable for the non-performance of the agreement in the event of shortage of stock, force majeure, stoppage or strike (especially in postal, transport and/or communication services), flood or fire.
ARTICLE 6: PRICE
Prices are stated in euros including taxes, and shall only apply on the date of order confirmation by the Customer. Prices do not include shipping costs, packaging or gift-wrapping costs, potential promotional deals and personal discounts, indicated prior to the final confirmation of the order. Said contractual information is in French on the website larucheleora.com. Prices include French VAT, applicable as of the date of the order, and any statutory modification of VAT shall be automatically applied to the prices of products offered on the website, as of the date established by the applicable statute. Nevertheless, prices may not be modified once the order has been placed by the Customer. Likewise, if one or more taxes or contributions, especially environmental, were created or modified upwardly or downwardly, said modification may be applied to the sale prices of items offered on the website larucheleora.com. Orders to destinations outside the European Union shall not be subject to French VAT. Prices indicated on the website at the time of the order do not include taxes, such as VAT. However, said orders are subject to potential taxes and customs duties of the country of destination. Léora shall not be held liable for duties applied by the customs of the country of origin. The necessary telecommunication expenses needed to access the website larucheleora.com shall also be borne by the Customer. Prices published on the website may be modified at any time.
ARTICLE 7: PAYMENT
The Customer may pay their order online by bank card (Debit Card, Visa, Eurocard-Mastercard, Paylib and E-card). The Customer ensures to the company Léora that it has potential authorisations to apply the payment method it chose, upon confirmation of the purchase order. The customer’s purchases are debited on their account upon processing or pre-order. In accordance with Section L. 132-2 of the Monetary and Finance Code, any commitment to pay by bank card is irrevocable, including pre-orders. Léora shall take any necessary action to ensure the security and confidentiality of data transmitted online. To that end, the website uses the SSL (Secure Socket Layer) payment method which encrypts your banking information when you indicate it online. The transmission is visibly encrypted by a software when your browser shows a padlock icon. The transaction is made via the Crédit Agricole Bank, which is the exclusive holder of the banking information provided on the website upon payment. The company Léora reserves the right to cancel any order and delivery if the payment by bank card is refused by duly accredited bodies or in the event of non-payment. Léora particularly reserves the right to refuse a delivery or order from a Customer which has not paid a previous order, in whole or in part, or with whom there is a pending payment dispute. Failure to pay in full within 24 hours upon ordering shall render the order null and void. When orders are checked so that no one uses anyone’s banking information unwittingly, the Customer may be asked to fax or email a copy of their identification and proof of address to Léora. The order shall only be confirmed upon receipt and check by our services or the attached documentation. Failure to provide said documentation within 24 hours upon ordering shall render the order null and void.
The email received by the Customer from Léora upon ordering does not equal an invoice. The original invoice is enclosed in the Customer’s parcel. Léora shall keep an electronic copy of every invoice.
TRANSFER OF OWNERSHIP
Léora shall retain ownership of the Products delivered up to full payment by the Customer. The foregoing shall not hinder the delivery of Products, the transfer of risk of loss or wear and tear of the Products to the Customer, subject to the property and potential damage.
ARTICLE 8: DELIVERY
The geographic area to deliver the range from the Léora shop is as follows:
- France and Overseas Departments and Territories: Metropolitan France, Corsica, Guadeloupe, French Guiana, Martinique, Monaco, New Caledonia, French Polynesia, St. Barths, Saint Martin
- Europe: Andorra, Austria, Belgium, Bulgaria, Canary Islands, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Guernsey, Hungary, Ireland, Italy, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom
- World: Argentina, Australia, Bahrain, Brazil, Canada, China, Israel, Japan, Lebanon, New Zealand, Réunion, Singapore, South Korea, Taiwan, Turkey and USA.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the comprehensiveness and compliance of the information provided to Léora. The latter party shall not be held liable for any potential errors of completion and its consequences in terms of delivery delays or errors. In this context, all the expenses incurred to re-issue the order shall be borne by the Customer. Léora shall not be held liable for any delivery delays caused by errors or disruption attributable to carriers (especially including total or partial strikes, particularly of postal, transport and/or communication services). The information entered for delivery shall be the responsibility of the Customer upon payment. No ultimate amendment may be made by Léora.
SHIPMENT AND DELIVERY DELAYS
Orders placed online via the website www.larucheleora.com are taken from Monday to Friday, except for public holidays. Léora undertakes to issue orders within five business days as from payment of the product. They are added carriers’ times, which are 48 hours for Metropolitan France and 4 to 15 days for the rest of the world, depending on the destination. Léora informs its Customers that those shipping times do not include Saturdays, Sundays and holidays.
DELIVERY METHODS IN METROPOLITAN FRANCE
Parcels are sent by Colissimo. Deliveries take place from Monday to Saturday morning, excluding public holidays. The parcel is handled by the Post Office and delivered upon signature at the delivery address indicated by the Customer. In case of absence for delivery, a delivery notification is left at the delivery address indicated by the Customer, which helps them collect their parcel in the nearest post office. Parcels are kept by the Post Office for 15 calendar days. In the event of failure to collect it within the carrier’s period, the products shall be returned to Léora, which reserves the right to reimburse the price of products, while shipping costs shall be borne by the Customer.
Products are packaged in compliance with applicable shipping regulations, and in order to ensure optimum protection of products during delivery. The Customer must comply with the same regulations when a product is returned, whether it applies to after-sales services or convenience returns. Should a product be returned, if we can attest that the product is damaged due to poor quality packaging, Léora may decide to only reimburse the product partially or not to reimburse it if it cannot be resold in the same condition.
CUSTOMER’S LIABILITY TO CHECK PARCELS UPON RECEIPT
Léora reminds Customers that they must check their parcels in the presence of the delivery person and notify the carrier and Léora’s customer service about any detected anomaly (bumps, damaged parcels, date of delivery not in keeping with normal delivery times). In the event that they have not been included in the delivery note given to the Customer by the carrier, no claim about the condition of the parcel/s shall be accepted thereafter by Léora.
DELIVERY DELAYS CAUSED BY THE CARRIER
In the event of a delivery delay related to the timing stated by carriers, the Customer must first contact the carrier or its distribution office in the case of the Post Office, to see if the parcel is not awaiting dispatch. If necessary, the Customer may contact Léora’s customer service by telephone or email to lodge a complaint or enquire to track the parcel. Parcels may be lost by carriers. Times stated by carriers contemplate the possibility of the Customer stating the loss within 10 days upon receipt of Léora’s shipping notice. In those conditions, Leóra is in charge of making the necessary claims to the carrier in question. Once the claim and enquiry have been made, it may take up to 6 weeks for the carrier to complete the return. If the parcel is found, it shall be promptly rerouted to the Customer’s address. If the parcel is not found, the Customer may then request the reimbursement of the paid amount.
The Customer must check the state of the parcels and include necessary reservations on the delivery notice in case of partial or total wear and tear. If no such reservations are made, the product is deemed accepted by the Customer, who may not object to its delivery. The Customer must inform Léora by emailas soon as possible, so that Léora may promptly take any necessary action.
ARTICLE 9: RIGHT OF CANCELLATION, RETUN AND EXCHANGE
9.1 Statutory right of cancellation
In accordance with the provisions of Sections L.221-16 et seq. of the Consumer Code, the Customer has a cancellation term of fourteen (14) calendar days as from receipt or collection of Items to exercise their statutory right of cancellation to notify Léora of its intention to return said Item. If the Items are cancelled by the Customer’s exercising their statutory right in the conditions hereunder in terms of timing and return methods, the Customer may be reimbursed for the returned Items. Form available in the GTCs, Article 9.4. The reimbursement shall be made by the same payment method used by the Customer for the initial transaction, unless specifically indicated by the Customer, asking for credit, valid six (6) months thereafter. The reimbursement shall be made as soon as possible and no later than 14 business days after the actual exercise of the right of cancellation by the Customer. That period may, however, run up to the receipt by Léora of the goods re-shipped by the Customer to the address indicated in the return waybill. When the period of fourteen (14) days ends on a Saturday, Sunday or holiday, it must be extended to the first following business day. In accordance with Section L.221-23 of the Consumer Code, this right is exercised by re-sending an Item, with only shipping costs being borne by the Customer. The right of cancellation is exercised in the same conditions as the Order and prior to the Delivery.
9.2 Items excluded from the statutory cancellation period
Pursuant to Section L.221-28 of the Consumer Code, the Customer shall not benefit, in the case of Orders of Items which, by their very nature, cannot be re-sent or may be damaged or expire rapidly, from a right of cancellation to return their Order. This covers, in particular, items whose original packaging were unsealed, including any cosmetic product opened or damaged by the Customer upon Deliver, as they may not be re-sent for health and safety reasons.
9.3 Contractual cancellation period
In order to ensure the satisfaction of its Customers, Léora accepts the return by post to the address indicated by Customer Service or on the delivery notice in question, within the aforementioned statutory cancellation period. In this vein, the Customer has fourteen (14) days as from the date of receipt of their order to cancel it and re-send their Items. Returns of Items in that period shall not be accepted.
9.4 Methods to exercise the right of cancellation
The return order may be placed by contacting customer service, by the contact form, email or telephone, indicating to the Customer the methods to follow, with particularly use of the cancellation form below Standard cancellation form (Please complete and submit the form and your invoice number only if you wish to cancel the agreement. We also advise you to specify your order number, addressed to: Léora – 45, rue Pauline Kergomard, 33800 – Bordeaux, France E-mail : email@example.com I hereby notify my cancellation of the agreement for the sale of the item specified below:
Ordered on [……………………………….] (*)Léora recommends the Customer to return their products by certified mail or with supplementary insurance, ensuring, if necessary, compensation for products at the same levels of their actual sale value in case of dispossession or loss of that item. In all cases, the return is at the Customer’s risk. The Customer must keep any proof of the return. Return expenses are borne by the Customer, who is free to choose the shipment method. Address to return the Parcel: LÉORA 45, rue Pauline Kergomard, 33800 – Bordeaux. If the periods are not complied with, Léora may not reimburse the Customer. Only Items returned in their original packaging in perfect resale conditions and containing all accessories initially enclosed in the parcel (tote bag, labels, tape, notice, etc.) shall be acceptable, so that the item may be marketed again in that condition. Therefore, returned wraps or accessories that have been washed and/or worn, as well as damaged boxes, shall be refused. Cancellation may never be exercised if the delivered Items have been washed, soiled, damaged or worn, in whole or in part. In addition, these items returned incomplete, damaged or soiled by the Customer shall not be collected or exchanged. The Items must also contain the order number on the return waybill, submitted with the delivered Items as signed by the Customer, on any other document. The Customer must take note that the use of the return waybill facilitates the handling of the return by Léora. The Customer is thus invited to use that return waybill. The Customer may only be held liable in the event of deterioration of the Item resulting from any handling other than that needed to determine the nature, characteristics and, if necessary, the proper operation of Items. Reimbursement after exercising the right of cancellation shall be made by the same payment method used by the Customer for the initial transaction, unless specifically indicated by the Customer.
Received on [………………………….……….] (*)
Invoice number: […………………………………..……………………]
Name of consumer(s): [………………………………………………………………]
Address of the consumer(s):[…………………………………………………………………………………………………………………………………………………………………………………………………]
Signature of consumer(s) (only in the event of form on paper)
ARTICLE 10: WARRANTIES, CLAIMS, MEDIATION
CLAIM / MEDIATION
Any claim must be made by email or telephone call to Customer Service. Contact: firstname.lastname@example.org Telephone: +336 24 65 12 12 In the event of any challenge, the purchaser may also resort to contractual mediation, especially to the Commission of consumer mediation or to existing sector mediation, or to any alternative dispute resolution method (for instance, conciliation). In addition, pursuant to Section L.616-2 of the Consumer Code, Léora must inform the Customer about the existence of the European Commission online platform aimed at collecting potential claims from an online purchase made by European consumers to then submit them to competent national mediators. The link is: http://ec.europa.eu/consumers/odr/. If necessary, the reimbursement shall take place within 14 days upon receipt of the Item by Léora, depending on the payment method chosen at the time of the Order, whether by the bank card used for payment, the Customer’s PayPal account or bank transfer. These provisions are not exclusive to the aforementioned right of cancellation.
ARTICLE 11: LIABILITY
The offered products comply with applicable French legislation and regulations. Léora’s shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. The Customer must check the possibilities to import or use products they intend to order. Léora shall not be held liable for any inconvenience or damage related to the use of the internet network, such as disruption of the service, the presence of computer viruses or exterior invasion, and more generally any qualified force majeure cases or caused by third parties by courts. Hyperlinks may be to other websites than larucheleora.com. Léora relinquishes any liability in the event that the content of said websites is contrary to applicable statutory and regulatory provisions.
ARTICLE 12: FORCE MAJEURE
Neither party has breached their contractual obligations, insofar as their performance has been delayed, hindered or prevented by an act of God or force majeure event. Act of God or force majeure event shall stand for any fact or circumstance beyond parties’ control that is unforeseeable, inevitable and may not be prevented by them, despite any possible reasonable effort. The party affected by such circumstances shall notify the other party within ten business days following the date when they learnt the fact. Both parties shall liaise, within one month, unless it becomes impossible due to force majeure, to examine the event and agree to conditions to pursue the performance of the agreement. Should the force majeure event exceed three months, these General Terms and Conditions may be terminated by the injured party. Force majeure events or acts of God shall be as habitually exemplified in French court decisions:
- Total or partial strikes, whether inside or outside the company; the stoppage of transport or supply services for whatever reason; government or statutory restrictions; computer breakdowns; earthquakes; fires; storms; flooding; lightning;
- The stoppage of telecommunication networks or difficulties typical of external telecommunication networks.
ARTICLE 13: NOMINATIVE DATA
Internet Explorer : https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
ARTICLE 14: INTELLECTUAL PROPERTY
The ownership of the entire copyrighted and intellectual content (texts, comments, works, illustrations, images, videos, graphics, audios, etc., including underlying technologies used) posted on this website is retained by the company. In this vein, and in accordance with the provisions of the Intellectual Property Code, only private use is authorised, subject to different provisions, including more restrictive provisions of the Intellectual Property Code. Any other use amounts to counterfeit and is a punishable intellectual property infringement, unless previously authorised by Léora. Any total or partial reproduction of Léora’s catalogue is strictly prohibited. Any person with a website wishing to post a link directing users to the larucheleora.com website must request Léora’s authorisation. Léora’s authorisation shall in no event amount to an implied registration agreement or be binding. Upon request by Léora, this link must be removed.
ARTICLE 15: ENTIRE TERMS AND CONDITIONS
Any change of legislation, regulations or a court decisions which render one or more clauses of these General Terms and Conditions null and void shall not affect the remaining provisions of these General Terms and Conditions. Such change or statement shall in no event allow the Customer to breach these General Terms and Conditions. If a condition is not explicitly mentioned, it shall be deemed to be governed by common practice in the online sale sector where companies based in France operate. Relations between Léora and the Customer are governed by these terms and conditions, except for any other on the website larucheleora.com.
ARTICLE 16: TERM AND APPLICATION
These Terms and Conditions apply throughout the uploading of services offered by the company Léora. They may be modified at any time by Léora. Applicable Conditions must be in force on the ordering date.
ARTICLE 17: TERRITORY AND APPLICABLE LAW
LANGUAGE OF THE AGREEMENT These general terms and conditions are drafted in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
APPLICABLE LAW The sales of products from the company Léora are subject to French law. In the case of a private Customer, any dispute regarding the existence, interpretation, performance or termination of the agreement between Léora and the Customer, even if there are multiple defendants, shall be, unless an amicable settlement is reached, subject to the exclusive jurisdiction of the courts in the Customer’s domicile. In the case of a professional Customer, any dispute regarding the existence, interpretation, performance or termination of the agreement between Léora and the Customer, even if there are multiple defendants, shall be, unless an amicable settlement is reached, subject to the exclusive jurisdiction of the Bordeaux courts.